Right To Counsel Paper Essay

Right To Counsel Paper Essay-18
To use IRAC one essentially fills in the blanks of the following formula for each issue that one spots: “The issue is ___________. A court would analyze it as follows: [apply the law to the facts].In conclusion, ___________ will likely win.” The IRAC method, in its most basic form, is not the best way to answer exam questions. However, it is a great start for learning how to answer law school exam questions.There's been a fair amount of media and blog attention to the proposed new rules governing (and substantially widening) the government's access to communications between military commission defendants and their counsel.

To use IRAC one essentially fills in the blanks of the following formula for each issue that one spots: “The issue is ___________. A court would analyze it as follows: [apply the law to the facts].In conclusion, ___________ will likely win.” The IRAC method, in its most basic form, is not the best way to answer exam questions. However, it is a great start for learning how to answer law school exam questions.There's been a fair amount of media and blog attention to the proposed new rules governing (and substantially widening) the government's access to communications between military commission defendants and their counsel.

It will just say “Discuss the issues” or “Discuss.” Thus, it will be up to you to spot all of the issues.

Issue-spotting is important because if you don’t spot the issue, you will not be able to apply the relevant law and analyze it (and this is what you get the most points for! To become a good issue-spotter, practice answering exam questions and comparing them to model answers.

But it's also one that I would hope is relatively easy to answer.

Whether or not non-citizens held outside the territorial United States are entitled to affirmatively invoke individual constitutional rights in litigation against the federal government (an issue on which reasonable people will surely disagree), it seems to me an entirely different matter when those rights are invoked defensively in criminal proceedings initiated by the U. government, be they civilian trials or military commissions.

Whatever else may be said of this analysis, the one point that seems clear is that Stone was analyzing only the right to jury trial, and not the more general applicability of the Sixth Amendment to trials by military commission.

Indeed, it is black-letter law in the military that servicemembers (who, thanks to doesn't control whether non-citizens at Guantanamo are constitutionally entitled to the assistance of counsel in criminal proceedings (including military commissions), I dare say it's an open question.

But I have to think we'll keep having flashpoints--issues where the Sixth Amendment question lurks in the background--until and unless the Article III courts have their say...

Steve Vladeck is a professor of law at the University of Texas School of Law.

Separately, it also bears emphasizing that, if the Sixth Amendment categorically did not apply to non-citizens who were not lawfully present within the territorial United States, then Chief Justice Stone would have had no need separately to analyze the jury trial provision as distinct from the right to counsel, confrontation, and so on. Either way, though, this only goes to further underscore the uncertainty that hangs over the commissions.

I think this is an easy question; there may be readers who think it's easy in the other direction. And if it's not clear whether or to what extent the Sixth Amendment applies to these proceedings, one can only imagine the other issues that could arise when (if? It may well be that the new policy goes away for reasons having nothing to do with its inconsistency with the Sixth Amendment.

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